Wyoming Statutes
Wyo. Stat. § 4-10-413 (2026)
Modification or termination because of
✓ current as of May 2026
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unanticipated circumstances or inability to administer trust
effectively.
(a) The court may modify the administrative or dispositive
terms of a trust or terminate the trust if, because of
circumstances not anticipated by the settlor, modification or
termination will further the purposes of the trust. To the
extent practicable, the modification shall be made in accordance
with the settlor's probable intention.
(b) The court may modify the administrative terms of a
trust if continuation of the trust on its existing terms would
be impracticable or wasteful or impair the trust's
administration.
(c) Upon termination of a trust under this section, the
trustee shall distribute the trust property in a manner
consistent with the purposes of the trust.Notes of Decisions
Cited in 3
cases, 2008–2016 · leading case: Shriners Hospitals for Child., In Its Capacity as Beneficiary of the Alfred J. & Pegge A. Cooksley Trust v. First N. Bank of Wyoming, In Its Capacity as Tr. of the Alfred J. & Pegge A. Cooksley Trust, 2016 WY 51 (Wyo. 2016).
Shriners Hospitals for Child., In Its Capacity as Beneficiary of the Alfred J. & Pegge A. Cooksley Trust v. First N. Bank of Wyoming, In Its Capacity as Tr. of the Alfred J. & Pegge A. Cooksley Trust, 2016 WY 51 (Wyo. 2016). “2d at 1340 ; Wyo. Stat. Ann. § 4-10-411 (a); Wyo. Stat.”
Garwood v. Garwood, 2008 WY 129 (Wyo. 2008). “In his specially concurring opinion, Justice Burke concludes that the modification provisions of the Uniform Trust Code, such as those found in Wyo. Stat. Ann. § 4-10-413 (a) (LexisNexis 2007), preempt the field, leaving no room for modification under equity or the common law.”
Dowell v. Dowell, 290 P.3d 357 (Wyo. 2012). “Modification proceedings may be commenced under § 4-10-412 by a trust's settlor, trustee or beneficiary, but only a trustee or beneficiary may seek to modify a noncharitable trust under §§ 4-10-413 through 4-10-417. Wyo. Stat. Ann.”
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